Lawsuit Alleges SteriCare Solution Caused Sepsis, Wrongful Death

SteriCare recall was announced days after man’s death, due to risks of exactly the same kind of bacterial contamination that caused his sepsis.

A Washington woman’s wrongful death lawsuit seeks to hold the makers of recalled SteriCare sterile water and saline solutions liable for her father’s fatal case of sepsis.

The complaint (PDF) was brought in the U.S. District Court for the Western District of Washington on August 4, by Susan Green as the administrator of the estate of Harold Doran. Defendants include Nurse Assist LLC, Tower Three Partners LLC, LBC Credit Partners IV L.P., LBC-P Credit Fund L.P., LBC-A Credit Fund L.Pl, CIFC Asset Management LLC and CIFC LLC.

According to Green, her father underwent abdominal surgery in October 2023, during which his abdomen was flushed with SteriCare solution. Following the procedure, Doran developed sepsis and died. The lawsuit alleges bacterial contamination of the SteriCare solution caused the fatal infection.

SteriCare Solution Recall

In early November 2023, the U.S. Food and Drug Administration (FDA) announced a Nurse Assist SteriCare saline and sterile solution recall, alerting the public that the products were packaged in defective containers with seals that could fail. According to the agency, the compromised packaging allowed some supposedly sterile products to become contaminated with bacteria.

The FDA urged health care providers and consumers to immediately stop using the recalled solutions, as bacterial contamination could result in infections when the products were used in medical procedures, wound care or other situations requiring sterility.

Those infections can sometimes progress to sepsis, a life-threatening condition in which the body’s response to an infection causes widespread inflammation and organ dysfunction. Individuals with sepsis may experience symptoms including fever, rapid heart rate, low blood pressure, confusion, weakness and shortness of breath. Without prompt treatment, the condition can quickly become fatal.

According to SteriCare infection lawsuits now being filed nationwide, some patients developed severe infections after exposure to the recalled products, including cases that allegedly progressed to sepsis and other life-threatening complications. Plaintiffs contend the manufacturers failed to ensure the supposedly sterile solutions were properly packaged before distribution, resulting in serious infections, prolonged hospitalizations and, in some cases, wrongful death.

SteriCare Death Allegations

The complaint indicates Doran underwent emergency surgery and an exploratory laparotomy on October 27, 2023, after being diagnosed with a perforated ulcer while being treated for a stroke. According to Green, healthcare professionals at St. Joseph’s Medical Center flushed his abdominal cavity with between two to three liters of SteriCare solution during the procedure.

The next morning, Doran suffered multisystem organ failure due to sepsis. The lawsuit notes medical staff were unable to stabilize his blood pressure as his lactate levels rose.

On October 29, Duran died after his family decided to remove him from life support, pursuant to his wishes. Days later, on November 6, the FDA announced the SteriCare recall due to the risk of bacterial contamination. Affected lots included those used to flush out Doran’s abdomen. The complaint indicates the hospital announced both the recall and its connection to Duran’s death on November 10.

“St. Joseph’s Medical Center surgical supply closet was only stocked with Nurse Assist saline fluid subject to the recall, and thus, no other saline product could have been used during Decedent’s surgery. Decedent could not, by reasonable care, have averted damage and injury, as a result of using the contaminated Product.”

– Susan Green v. Nurse Assist LLC et al.

As a result, Doran’s daughter alleges her father’s sepsis infection was directly due to the use of the contaminated SteriCare solution.

Green raises allegations of violation of Washington state laws, failure to warn, defective design and manufacture, negligence, gross negligence, negligent failure to warn, negligent misrepresentation and omission, breach of warranty, violation of the Washington Consumer Protection Act, wrongful death and survival action. She seeks both compensatory and punitive damages.

SteriCare Infection Lawsuits

SteriCare infection lawsuits like Green’s are likely to continue to be filed as more individuals who developed infections or lost loved ones link the incidents to the use of recalled SteriCare products.

Product liability lawyers are currently reviewing claims on behalf of such individuals. Those who developed infections after using recalled SteriCare products may qualify for compensation if they experienced:

• Sepsis or septic shock
• Bloodstream infections
• Respiratory infections
• Organ failure
• Necrosis or serious wound-related infections
• Prolonged hospital stays or additional surgeries

Sign up for more legal news that could affect you or your family.